HomeMy WebLinkAbout1999-1235 win Gocumema�ON�n,nwe�9T9TAT8 WGMAY 11 CONYCY MWC
ORDINANCE NO q4 -1d,3
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY
OF DENTON AND STATE OF TEXAS, RELATING TO 0 507 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 11) AND AUTHORIZING THE
EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 88-021 the City of Denton agreed to acquire and to
provide all costs of the right of way for the widening of U S Highway 77, for the State of Texas,
and having purchased 0 507 acres of land (parcel 11) as right of way and needing to convey such
right of way to the State of Texas, and
WHEREAS, that the process for determining the fair market value of the right of way
above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating
to the conveyance of property to a governmental entity that has the power of eminent domain,
shall be followed in effectuating this conveyance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a deed between the
City and the State of Texas, acting by and through the Texas Transportation Commission, in
substantially the form of the deed which is attached hereto and made a part of this ordinance for
all purposes, for the conveyance of 0 507 acres of land for the expansion of U S Highway 77
(Parcel 11)
SECTION II That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 4710'4�-412 , 1999
JA ILLER, MAYOR
ATTEST
JENNIFE�f/Y)fil
R WA ILTERS, CITY SECRETARY
NI
BY \UQ� I/I I Y
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Texas Department of Transportation
Form D-15 14
Page 1 of 3 Rev 9/91
THE STATE OF TEXAS
COUNTY OF nymTom
DEED
KNOW ALL MEN BY THESE PRESENTS
of the County of nr+n ton , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of one no t t.ar and No Vents _
Dollars ($ t oo ) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this
day Sold and by these presents do Grain, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land in non rr,n County, Texas, more particularly described in Ex-
hibit "A," which is attached hereto and incorporated herein for any and all purposes
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on the property described in said Exhibit "A," to wit
Grantors covenant and agree to remove the above -described nnprovements from said land by the
day of ni/ , 19 , subject, however, to such extensions of tune as may be granted
by the State ht writing, and if, for any reason, Grantors fail or refuse to remove same within said period of
time prescribed, then, without any further consideration, the title to all or any part of such nnprovements
not so removed shall pass to and vest in the State of Texas forever
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same, however, nothing in this reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder
Texas Department of Transportation
Fort D 15 14
Page 2 of 3 Rev 9/91
TO HAVE AND TO HOLD the prerruses herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever, and Grantors do hereby brad ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under, but not otherwise. /
IN W TNES$ HEREOF, thisAnstrument is executed on this the �P � day of
19
####################################################################################
ACKNOWLEDGMENT
THE STATE OF TEXAS, )
COUNTY OF DlFtJ 1 o tJ I
BEFORE ME the ugdetsi ed, a Notary Public, on this day personally appears
�� Tt�'Z' known to me (or proved
to me on the oath of a credible witness,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the
purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day of 1 , l9E2
_ Notary Pjhc, State of Texas
�y; w„ E!IZABE(HJ WILLIAMS
( ( My COMMISSION EXPIRES E ll Z ,(.��T /� �� / 111 /✓nJ
\\ , MAY 15 2001
My Commission expires on the Ist k day or —art
####################################################################################
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
B ORE ME, the undersigned, a Notary Public on this day peisonally appeared M I CHAF- L 1 -T/= z
iT/ /%/�N/�GE� of/TY OF �En/To/1/ , known to
me to be die person and officer who nanie is subscribe¢ to the foregoing instrument and acknowledged to me that the same
was the act of the said n2; OF FA/7-0,Aj a corporation, that he/she was
duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that lie/she
executed the saute as the act of such corporation for the purposes and consideration therein expressed, and in die capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this to cn/day of /)OQ/-z 19 f-9
_.�
�r�` �`< ELIIABETH J WILLIAMS Notory Je,bbc, Stets of es _
��/� MV COMMISSION EXPIRES � //�LL����
My Commission expires on the L2thday of /1 _ • IR 4��G/
Texas Department of Transportation
Form D 15 14
Page 3 of 3 Rev 9/91
After recording please return this instrument to,
CTTY OF DENTON
221 N Elm St
Denton, Texas 76201
Attn Paul Williamson
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EXHIBIT "A"
County Denton Page 1 of 2
Highway US 77
Project Limits From I.H. 35 Rev November 28, 1994
To U S 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 11
BEING A PARCEL OF LAND SITUATED IN A CALLED 39 361-ACRE TRACT CONVEYED TO ELECTRONIC DATA
SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST (EDS), RECORDED IN VOLUME 1681, PAGE 867
DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE J S COLLARD SURVEY,
ABSTRACT NO 297, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 5/8-inch Iron rod being an angle point In the west line of a 23 212-acre
tract conveyed to Brian P Catalano, Trustee, recorded in Volume 2219, Page 545, DRDCT, same being in the
east line of said EDS tract,
THENCE N 130 50' 35" E, along the west line of said Catalano tract and the east line of said EDS tract, a
distance of 688 13 feet to a point being the northeast corner of said EDS tract in the existing south right of way
line of U S 77,
THENCE N 580 11' 36" W, along the north line of said EDS tract and existing south right of way line of U S 77,
a distance of 1080 78 feet to a set 5/8-inch Iron rod with an aluminum cap for the POINT OF BEGINNING and
being a point on the new south right of way line of U S 77,
(1) THENCE N 690 43' 46" W, with said new south right of way line of U S 77, and crossing said
EDS tract, a distance of 100 00 feet to a set 5/8-inch non rod with an aluminum cap,
(2) THENCE N 580 11' 36" W, with said new south right of way line of U S 77, a distance of
120 00 feet to a set 5/8-inch non rod with an aluminum cap, same being on the new east right
of way line for Bonnie Brae Road, being in a non -tangent circular curve to the left having a radius
of 170 49 feet,
(3) THENCE Southwesterly, along the new right of way line of said road, and said curve to the left,
through a delta angle of 300 31' 23", an arc distance of 90 82 feet, and having a chord which
bears S 120 16' 20" W, a distance of 89 75 feet to a set 5/8 inch non rod with an aluminum cap
being the point of tangency,
(4) THENCE S 020 59' 21" E, along the new east right of way line of Bonnie Brae Road, a distance
of 146 00 feet to a set 5/8-inch non rod with an aluminum cap
(5) THENCE S 870 00' 39" W, leaving the new right of way line of said road, a distance of 39 58
feet to a set PK nail with shiner being on the west property line of said EDS tract and near the
present centerline of said Bonnie Brae Road,
(6) THENCE N 000 54' 02" E, along the west line of said EDS tract, a distance of 43 27 feet to a
found 1/2-inch non rod,
D 2433 REV
EXHIBIT "A"
County Denton Page 2 of 2
Highway U.S. 71 Rev November 28, 1994
Project Limits From I.H. 35
To U.S.380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL "
(7) THENCE N 260 04' 07" W, with the west line of said EDS tract, a distance of 110 59 feet to a
set PK nail with shiner,
(8) THENCE N 020 59' 21" W, crossing said EDS tract, a distance of 1 09 feet to a set PK nail with
shiner, being on the new west right of way line for Bonnie Brae Road, and being the beginning
of a circular curve to the right having a radius of 250 49 feet,
191 THENCE Northeasterly, along said curve to the right and said new west right of way line for
Bonnie Brae Road, through a delta angle of 340 14' 19% an arc distance of 149 69 feet, and
having a chord which bears N 140 07' 48" E, a distance of 147 47 feet to a set 5/8-inch von rod
with an aluminum cap being on the new south right of way line of U S 77,
(10) THENCE N 460 54' 20" W, along the new south right of way line of U S 77, a distance of 49 72
feet to a set 5/8-mch von rod with an aluminum cap same being a point on the north line of said
EDS tract and the existing south right of way line of U S 77,
(11) THENCE S 580 11' 36" E, along a line common to the EDS tract and U S 77, a distance of
347 20 feet to the POINT OF BEGINNING, and containing 0 507 acre, or 22,101 square feet of
land, more or less, of which 4546 square feet resided in the prescriptive right of way of
Bonnie Brae Road
;GISTfi '(' � 7 �-
........... Date
John F Wilder, R P L S •-•......
Texas No 4285 , �.. ....)WILf)ER
�wA�n 4tr J .oPv^Q'
D 2433 REV